Skip to main content

Can I form a revocable Trust and name as beneficiary an irrevocable trust ? Therefore in my revocable trust would be written

New York, NY |

that the assets in trust now should go to an irrevocable trust when I die.

Attorney Answers 4

Posted

YES-but your revocable trust becomes irrevocable upon death-so it would not be necessary.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Mark as helpful

9 lawyers agree

Posted

I would recommend you see a qualified estate planning attorney to make sure you achieve all the benefits a trust may give, such as utilizing tax exemptions, avoiding probate, medicaid planning, and protecting future beneficiaries from creditors. Generally, a revocable trust becomes an irrevocable trust at death. However, the answer to your question is yes, as stated earlier, that you can make your irrevocable trust a beneficiary of your revocable trust.

No attorney client relationship is created by virtue of this answer. Further, answers are for information only and should not be relied upon unless there has been a formal consultation. Many cases are fact specific and there is simply no way an attorney could possibly provide complete advice without all the relevant facts.

Mark as helpful

1 found this helpful

10 lawyers agree

Posted

Unless you want another trust to be the beneficiary there is no need for another trust. Your revocable trust becomes irrevocable upon your incapacity or death. You can provide for trusts for your beneficaries iat your death within your revocable trust.

This is easy to foul up. This is not aDIY project. Get a knowledgeable attorney.

Mark as helpful

1 found this helpful

5 lawyers agree

Posted

Sure you can. More and more people trybto avoid probate and like a revocable trust as a will substitute. If people have been divorced then many times assets are set aside in irrevocable trusts fbo minor children. Accordingly, if the irrevocable trust is already the primary vehicle in place already for the kids then makes sense to make it a beneficiary of the RLT if you were to die.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

Mark as helpful

1 found this helpful

6 lawyers agree

Tax law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics